Morse v. Republican Party of Va., 517 U.S. 186, 8 (1996)

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Cite as: 517 U. S. 186 (1996)

Opinion of Stevens, J.

We noted probable jurisdiction, 513 U. S. 1125 (1995), and now reverse.

II

In the Voting Rights Act of 1965, Congress enacted a complex scheme of remedies for racial discrimination in voting that were to be applied in areas where such discrimination had been most flagrant. Section 4 of the Act sets forth the formula for identifying the jurisdictions in which such discrimination had occurred, see South Carolina v. Katzenbach, 383 U. S. 301, 317-318 (1966), and § 5 prescribes the most stringent of those remedies. It prohibits the enactment or enforcement by any covered jurisdiction of voting qualifications or procedures that differ from those in effect on November 1, 1964, or two later dates, unless they have been precleared by the Attorney General or approved by the United States District Court for the District of Columbia. See Allen v. State Bd. of Elections, 393 U. S. 544, 548-550 (1969).5 Virginia is one of the seven States to which the § 4 coverage formula was found applicable on August 7, 1965.6 The entire Commonwealth has been subject to the preclearance obligation of § 5 ever since.

It is undisputed that the Party's practice of charging a registration fee as a prerequisite to participation in the process of selecting a candidate for United States Senator was

5 In order to obtain preclearance, the covered jurisdiction must demonstrate that its new procedure "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color, or [membership in a language minority group]," 42 U. S. C. § 1973c. The fact that such a showing could have been made, but was not, will not excuse the failure to follow the statutory preclearance procedure. "Failure to obtain either judicial or administrative preclearance 'renders the change unenforceable.' " Clark v. Roemer, 500 U. S. 646, 652 (1991) (quoting Hathorn v. Lovorn, 457 U. S. 255, 269 (1982)).

6 30 Fed. Reg. 9897 (1965). The others were Alabama, Alaska, Georgia, Louisiana, Mississippi, and South Carolina. Ibid. In addition, portions of North Carolina, Arizona, Hawaii, and Idaho were designated then or shortly thereafter. See 30 Fed. Reg. 14505 (1965).

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